DPP v Almasi

JurisdictionIreland
JudgeMr Justice Peter Charleton
Judgment Date26 June 2020
Neutral Citation[2020] IESC 35
Date26 June 2020
Docket Number[S.C. No. 196 of 2019],Supreme Court appeal number: S:AP:IE:2019:000196 Court of Appeal record number 2016/100 [2018] IECA 372 Central Criminal Court bill number: CCCDP00S1/2014
CourtSupreme Court
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12 cases
  • The People (at the suit of the DPP) v Clement Limen
    • Ireland
    • Supreme Court
    • 18 February 2021
    ...of individual pieces of evidence cannot be assessed in isolation from the entire factual matrix or by blinkered scrutiny; see The People (DPP) v Almasi [2020] IESC 35, [24–25]. Cole puts the matter well: relevance “denotes something which is variable and elastic: variable because a particu......
  • S.T.P. v The Minister for Justice and Equality
    • Ireland
    • Court of Appeal (Ireland)
    • 22 February 2021
    ...is the position which the Minister urges on this Court. 54 . I note, in passing, that in his judgment in Gorry v. Minister for Justice [2020] IESC 35, McKechnie J. (at para. 191) recorded the Minister as submitting in that case that “a general and holistic approach, which has been how such ......
  • Director of Public Prosecutions v Dauksa
    • Ireland
    • Court of Appeal (Ireland)
    • 13 October 2023
    ...this is a matter quintessentially for a jury. 15 The appellant relies on the judgment of the Supreme Court in People (DPP) v. Almasi [2020] IESC 35, [2020] 3 IR 85 (“ Almasi”) and People (DPP) v. Davis [2001] 1 IR 146 for the proposition that the defence may be left to the jury even where t......
  • DPP v Patrick Quirke
    • Ireland
    • Court of Appeal (Ireland)
    • 16 November 2021
    ...out of a careful balancing exercise, as stated by the Supreme Court (Charleton J.) in the decision of The People (DPP) v. Zoltan Almasi [2020] IESC 35 (at paragraph 13): “What is perhaps not appreciated in the instructions given to the prosecution is that the law of evidence is a set of rul......
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4 books & journal articles
  • Towards A Presumption Of Victimhood: Possibilities For Re-Balancing The Criminal Process
    • Ireland
    • Irish Judicial Studies Journal No. 2-21, July 2021
    • 1 July 2021
    ...unreliability. But, a central focus, certainly in sexual violence cases, is prior email and text 134 The People (DPP) v Gilligan 162. 135 [2020] IESC 35. 136 Section 19A Criminal Evidence Act 1992, inserted by s 39 Criminal Law (Sexual Offences) Act 2017; for discussion see O’Malley Report ......
  • Exploring rape conviction rates: consent, false allegations and legal obstacles
    • Ireland
    • Irish Judicial Studies Journal No. 2-20, July 2020
    • 1 July 2020
    ...to be asked’ or, in other words, that in the absence of such evidence ‘the jury might reasonably be satisfied beyond reasonable doubt 61 [2020] IESC 35 [23]-[29]. 62 ibid [24]. 63 See CM v HM Advocate (No 2) [2013] HCJAC 22, [28]; James Fitzjames Stephen, Digest of the Law of Evidence (12th......
  • Charleton & McDermott's Criminal Law and Evidence (2nd Edition)
    • Ireland
    • Hibernian Law Journal No. 20-2021, January 2021
    • 1 January 2021
    ...Criminal Law (Bloomsbury Professional, 1999) at page 1047. 6 he People (DPP) v McNamara [2020] IESC 34. 7 he People (DPP) v Almasi [2020] IESC 35. Charleton & McDermott’s Criminal Law and Evidence (2nd Edition) 185 I need not have been worried preparing to review this text, it is excellent.......
  • Book reviews - Charleton & McDermott’s Criminal Law and Evidence (2nd Edition)
    • Ireland
    • Hibernian Law Journal No. 20-2022, January 2022
    • 12 January 2022
    ...Bolger, Criminal Law (Bloomsbury Professional, 1999) at page 1047. The People (DPP) v McNamara [2020] IESC 34. The People (DPP) v Almasi [2020] IESC 35. Charleton & McDermott’s Criminal Law and Evidence (2nd I need not have been worried preparing to review this text, it is excellent. The bo......

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